Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Howard Berkson
1 Answer | Asked in Employment Law for Texas on
Q: Should I sue for sexual harassment?

My employer has been making sexual advances towards me since hired 3 months ago. Telling me how bad he wants to get into my pants and wanting to call me his girlfriend. Wanting sexual favors for money. I've tried to tolerate it bc I need my job but idk how much longer I can take it. I've... View More

Howard Berkson
Howard Berkson
answered on Dec 9, 2013

Sexual harassment is a form of sex discrimination. You cannot sue under the federal law until the Equal Employment Opportunity Commission (EEOC) has investigated. You should call the EEOC for advice. The EEOC may require that you take this up first with your employer. There may be an applicable... View More

1 Answer | Asked in Education Law for Oklahoma on
Q: If I am an international student do I have to disclose my academic records fully?

I have full privacy rights in Canada and want to use high school marks rather than post secondary marks?

Howard Berkson
Howard Berkson
answered on Dec 8, 2013

It depends on who is asking for those records and why. Generally, a university does not have to admit you unless you provide all the academic information it requests. If you make a false statement on your application, you may be disciplined academically or subject to civil liability.

1 Answer | Asked in Adoption for Oklahoma on
Q: How can my husband go about adopting my daughter?

My husband and I have been together for 2 years and he wants to adopt my daughter. Her father is on the birth certificate and I have a current order for child support but he has not paid a penny. I have went out of my way to keep in contact with him, but he never returns her calls or even... View More

Howard Berkson
Howard Berkson
answered on Dec 8, 2013

You should consult with an adoption agency in Oklahoma or an attorney familiar with Oklahoma adoption law. We don't have enough information to be more specific.

1 Answer | Asked in Bankruptcy for Oklahoma on
Q: If my attorney will not call me back, how do I know if my Chapter 13 bankruptcy case is closed or not?
Howard Berkson
Howard Berkson
answered on Dec 7, 2013

You might try visiting your attorney's office or send a letter to be sure there is no accidental miscommunication. You can go on pacer.gov, make an account, and search for your case. The documents there should tell you the status of your case.

1 Answer | Asked in Medical Malpractice for Oklahoma on
Q: Once a case is filed in the courts how long does it take for the defendants to be served papers?
Howard Berkson
Howard Berkson
answered on Dec 7, 2013

That depends on how easy it is to find the defendants and what steps you take to make sure they get served.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Do police officers have the right to arrest you while your video taping the area around you?
Howard Berkson
Howard Berkson
answered on Dec 7, 2013

We do not have enough information to answer your question. Generally, publicly video recording public events is not illegal. However, video recording in a manner that prevents an officer from doing his or her job or video recording people in private situations can result in a lawful arrest.

1 Answer | Asked in Adoption for Oklahoma on
Q: My husband and I would like to adopt our granddaughter, we have had guardianship for ver 2 yrs
Howard Berkson
Howard Berkson
answered on Dec 7, 2013

You should talk to an adoption agency or an attorney familiar with Oklahoma's adoption procedures and requirements.

1 Answer | Asked in Construction Law for Oklahoma on
Q: If a person land is zone agricultural can you use it for Automotive Commercial or General commercial District
Howard Berkson
Howard Berkson
answered on Dec 7, 2013

Zoning ordinances can vary by city and county. You need to know what the permitted uses are under those local rules. If your intended land use is not permitted under the zoning rules, you can try to get the area rezoned, but it is usually simpler to get a zoning variance. A zoning variance is an... View More

1 Answer | Asked in Insurance Defense for Oklahoma on
Q: When an insurance fraud case has been filed.. how long does it take to go to court?
Howard Berkson
Howard Berkson
answered on Dec 3, 2013

That depends on how busy the court is and how much pre-trial activity there is.

1 Answer | Asked in DUI / DWI for Oklahoma on
Q: If youre stuck on private land in your car for 8 hours then call 911 for help can they charge u with dui and go 2 jail
Howard Berkson
Howard Berkson
answered on Dec 3, 2013

We don't have enough information to determine if the police acted properly. You should consult with an attorney.

1 Answer | Asked in Domestic Violence for Oklahoma on
Q: What is the term for a protective order in Oklahoma?
Howard Berkson
Howard Berkson
answered on Dec 3, 2013

Protective orders can be quite short or they can last a very long time. You would have to look at the order, itself. You should be able to get a copy of it from the clerk of the court in the county where the order was made.

1 Answer | Asked in Domestic Violence for Oklahoma on
Q: I been charged with crime 6yr ago I Need license to work as private Investigator ( unarmed) what I need to do
Howard Berkson
Howard Berkson
answered on Dec 3, 2013

You need to get your record expunged. However, the process is not automatic. You should consult with an attorney.

1 Answer | Asked in Domestic Violence for Oklahoma on
Q: What is the statue of limitatin on domestic assualt in oklahoma
Howard Berkson
Howard Berkson
answered on Dec 3, 2013

Many different types of conduct can constitute "domestic assault." For most misdemeanors and felonies, the statute of limitations is 3 years. However, the limitations period can be up to seven years. Time you spend outside of the state does not count toward the limitations period. If... View More

1 Answer | Asked in Consumer Law for Oklahoma on
Q: I am being harassed by a collection agency. I am not the person they want. How do I make them stop?

This has gone on for 7 months. I have told them repeatedly," I am not George,please remove my number".The only response to date is blocking their number. Will the Oklahoma Atty. Gen. be able to help me?

Howard Berkson
Howard Berkson
answered on Dec 1, 2013

The Attorney General will likely be able to help you. You might also consider talking to an attorney about state and federal laws that govern debt collection practices.

1 Answer | Asked in Consumer Law for Oklahoma on
Q: If i dont receive my car title, do i have the right to cancel my contract without a repo on my credit?

The dealership failed to send me the title in a reasonable amount of time. Can i get out of my contract without a repossession on my record? Is this justified cause for a claim?

Howard Berkson
Howard Berkson
answered on Dec 1, 2013

You may be entitled to damages for any harm caused by their failure to send you a title certificate, but it is unlikely you could get out of the sale.

1 Answer | Asked in Consumer Law for Oklahoma on
Q: My ex purchased a car for me after we split up does he have the right to take it back?
Howard Berkson
Howard Berkson
answered on Dec 1, 2013

Maybe. It depends on all the surrounding facts and circumstances. For example, was there was a legally enforceable agreement between the two of you that would prevent him from taking it back? Did he have legal title to the vehicle at the time he took it back? Can you prove it was a gift even if... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: How do I find out the nature of a crime for a convicted felon of 'indecent exposure'
Howard Berkson
Howard Berkson
answered on Dec 1, 2013

Check to see what court documents if any are available at www.oscn.net.

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: Can I move back into my home I was renting to own if my ex who lived there is now in jail and recently married?

It is still in the previous owners name but I made the last payment before our break up. she refused to leave and chose to just wait it out due to her criminal background. her new husband still lives there. I also have proof through my native American tribe that they helped me get set up in this... View More

Howard Berkson
Howard Berkson
answered on Dec 1, 2013

There is not enough information to determine if you have a right to evict the present occupants and take possession of the home. You should consult with an attorney to sort out your ownership rights and what rights, if any, the current occupants have.

1 Answer | Asked in Consumer Law for Oklahoma on
Q: I sold my car for 3,000 and the buyer gave me $1,000 down oa few days later she sold it to ssomeone else so i reposs it

I repossed the car now the first lady is suing me for $1,000 the amount she put down on the car so what do i do??

Howard Berkson
Howard Berkson
answered on Dec 1, 2013

We do not have enough information to answer your question. An attorney would have to know much more about the details of the first sale and the repossession. There are really five things going on: the sale of a car; the financing of the sale; the buyer's sale to another purchaser; the... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: How do you get a good fight though a public defender
Howard Berkson
Howard Berkson
answered on Nov 23, 2013

Whether you can "get a good fight" has a lot to do with how strongly the evidence supports your position. Ask your public defender what the State has to prove and what evidence the state has. Then ask what defenses are available to you and what evidence supports those defenses. Ask the... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.